M. Valsalakumari vs The Circle Inspector Of Police, ...
2021 Latest Caselaw 15149 Ker

WP(C) NO. 12500 OF 2021             1

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
         TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                          WP(C) NO. 12500 OF 2021
PETITIONER:

              M. VALSALAKUMARI
              PROPRIETRIX, PRASANTH HOLLOW BRICKS, THANNIMOODU,
              IRINCHAYAM P. O., NEDUMANGAD,
              THIRUVANANTHAPURAM - 695 561.
              BY ADVS.
              MANU GOVIND
              MEERA BALAKRISHNAN
              AYESHA MARIA JOHN



RESPONDENTS:

     1        THE CIRCLE INSPECTOR OF POLICE,
              NEDUMANGAD, THIRUVANANTHAPURAM - 695 541.

     2        SUB INSPECTOR OF POLICE
              NEDUMANGAD, THIRUVANANTHAPURAM - 695 541.

     3        VIJAYAN
              AGED 65 YEARS
              CONVENOR, HEADLOAD WORKERS UNION (AITUC), RESIDING AT VIJI
              BHAVAN, PACHAKKAD, THANNIMOODU, IRINCHAYAM P. O.,
              NEDUMANGAD, THIRUVANANTHAPURAM - 695 561.

     4        BASHEER
              AGED 68 YEARS
              CONVENOR, HEADLOAD WORKERS UNION (CITU), RESIDING AT
              KANNANKODE, KIZHAKKUMKARA VEEDU, THANNIMOODU,
              IRINCHAYAM P. O., NEDUMANGAD,
              THIRUVANANTHAPURAM - 695 561.
     5        RAVEENDRAN
              AGED 65 YEARS
              CONVENOR, HEADLOAD WORKERS UNION (BMS), RESIDING AT
              VADAKKUMKARA PUTHENVEEDU, THANNIMOODU,
              IRINCHAYAM P. O., NEDUMANGAD,
              THIRUVANANTHAPURAM - 695 561.
     6        KERALA HEAD LOAD WORKERS WELFARE BOARD
              STATE COMMITTEE OFFICE, SRM ROAD, KOCHI - 682 018, REP. BY
 WP(C) NO. 12500 OF 2021             2

            ITS CHAIRMAN.

            BY

            SRI S KRISHNAMOORTHY, SC

            SRI THOMAS ABRAHAM, SC


            SRI PP THAJUDEEN, GOVERNMENT PLEADER




     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12500 OF 2021                      3


                                          JUDGMENT

Being aggrieved by the interference of the respondents 3 to 5, Convenors

of various Headload workers unions, in the running of the hollow bricks

manufacturing unit run by the petitioner, she has approached this Court with this

writ petition seeking the following reliefs:

(i) Issue a writ in the nature of mandamus commanding respondents 1 and 2 to

provide effective and meaningful police protection to the peaceful running of the

petitioner's brick manufacturing unit from any interference from respondents 3

to 5 or anybody claiming through them.

2. According to the petitioner, she has been running the unit since the year

1999. When the obstruction was caused by the Union leaders in the year 2000,

she had approached this Court seeking police protection and this Court by Ext.P1

judgment had granted protection as prayed for. It is further contended that on

6.06.2021, when a load of cement was brought to the petitioner's establishment,

the party respondents obstructed and demanded unreasonable amounts for

unloading the goods. This incident played over again on 12.06.2021. The

petitioner contends that she has employed her own workers and as the

establishment is not situated in an area where the provisions of the Headload

Workers (Regulation of Employment and Welfare) Scheme, 1983 has been

extended, the union workers are not entitled to demand that the loading and

unloading works should be entrusted with them.

3. Notice was issued to the party respondents. Though the same was

served, none appears.

4. Sri. Thomas Abraham, the learned counsel appearing for the 6th

respondent on instructions submitted that the establishment, which is situated at

Thannimoodu, Irinchayam P.O. is not in a scheme covered area.

5. I have considered the submissions advanced.

6. The establishment run by the petitioner is not situated in a scheme covered

area. In that view of the matter, it is open for the petitioner to engage her own

workers or to carry out the work. The respondents 3 to 5 will not be justified in

insisting that they should be engaged in the loading and unloading works.

7. In view of the above, this writ petition is disposed of directing the petitioner

to approach the 1st respondent if any obstruction is caused to the running of Prasanth

Hollow bricks at Thannimoodu. If any such complaint is received, respondents 1 and 2

shall take immediate action and ensure that the petitioner is able to carry on the

loading and unloading work in the establishment without any obstruction from the

party respondents. No costs.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 12500/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF JUDGMENT DATED 31.08.2000 IN O.P.NO.29394 OF 2000.

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 16.06.2021 FROM THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE RECEIPT (PETITION NO.71790/2021) DATED 16.06.2021 OBTAINED BY THE PETITIONER AS AGAINST EXHIBIT P2 FROM THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF JUDGMENT IN BALAKRISHNA V CIRCLE INSPECTOR POLICE AND ORS. [2020(6)KHC 701]

RESPONDENTS' EXHIBITS:

NIL